Woods v. Woods

Action in partition. Plaintiffs sought and obtained an interlocutory decree. The court found that partition in kind could not be made without great prejudice to the parties in interest and ordered the land sold at public auction by the sheriff of the county who was to report his proceedings; and the court retained jurisdiction for all other proper orders and proceedings. The defendant duly appealed.

The points presented in the brief for consideration are (1) that the court had no jurisdiction to proceed with the case when it appeared that some of the plaintiffs were minors; (2) that the…